Item U11
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
5/21/03
Division:
County Attorney
Bulk Item: Yes ~ No
Department:
County Attorney
AGENDA ITEM WORDING:
Approval of Amended Settlement Agreement in Conch Contrada LC portion of Richard Osborne & Conch
Contrada LC v. Monroe County & Joe Paskalik, CA K 01-108.
ITEM BACKGROUND:
Conch Contrada LC proposes to substitute a mixed-use commercial structure for the restaurant that had
previously been approved to be built on its property on Stock Island. The substitute structure will be the same
size (7500 square feet) as the approved restaurant. The County had previously settled a takings case with
Conch Contrada and with Richard Osborne with an agreement to issue permits to build the restaurant. This
agreement does not affect the amended settlement agreement between the County and Richard Osborne. The
division of Growth Management has approved the proposed Amended Settlement Agreement.
PREVIOUS RELEVANT BOCC ACTION:
In July of2002, the Board had approved the original settlement agreement with both Osborne and Conch
Contra. In March of2003, the Board approved an Amended Settlement Agreement with Osborne.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:
BUDGETED: Yes
No
COST lO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH_ Year
APPROVED BY: County Atty /' OMB/Purchasing _ Risk Management_
DIVISION DIRECTOR APPROVAL:
Qd....~Q.D1.Q.~ ~S\O\\..~
J. R. Collins
DOCUMENTATION: Included
To Follow_
Not Required_
DISPosmON:
AGENDAITEM#Jl/ /
IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL
CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA
RICHARD M. OSBORNE, as Trustee;
and CONCH CONTRADA, L.C., a
Florida Limited Liability Company,
Plaintiff/Petitioners,
Case No. CA-K-Ol-108
v.
MONROE COUNTY, a political
subdivision of the State of Florida;
and JOSEPH PASKALIK, in his official
capacity as Building Official,
DefendantJRespondents
/
AMENDED SETTLEMENT AGREEMENT AS TO CONCH CONTRADA. L.C.
Plaintiff CONCH CONTRADA, L.C., a Florida Limited Liability Company
("Conch Contrada"), and Defendants, MONROE COUNTY, a political subdivision of the
State of Florida ("Monroe County"), and JOSEPH PASKALIK, in his official capacity as
Building Official ("Paskalik") (collectively, the "Parties"), previously resolved their
differences which gave rise to the above-styled action, wherein the parties agreed to settle
the matter between them upon the terms and conditions recited paragraphs 2,3, and 5 in
the Settlement Agreement dated July 17, 2002, hereinafter "Original Settlement
Agreement," attached hereto as Exhibit "A".
1. The Parties agree to amend the Original Settlement Agreement as follows:
A. Paragraph 2 is amended to now read:
A Minor Conditional Use Development Order No. 5-99 to
construct one 7,500 square foot restaurant, to relocate an existing
sewage treatment facility, and to relocate a shared driveway, was
approved, with conditions by the Planning Director of Monroe
County on August 4, 2000, recorded in OR Book 1654, pages
1591-1595. This development order is presently valid and in full
force and effect. With the approval of the Planning Director, this
Order may be amended to allow an alternate use consisting of
construction of a 7,500 square foot medium-intensity, mixed use
retail and/or office/professional use facility.
B. Paragraph 3 is amended to now read:
Notwithstanding anything in any of the development orders
referred to in the Original Settlement Agreement, or any other
provision of the Comprehensive Plan or Ordinances of Monroe
County, no building permit shall be denied to Conch Contrada on
the basis of Monroe County's regulations relating to non-
residential rate of growth or the adoption (or lack of adoption) of a
nonresidential permit allocation system or its equivalent, including,
but not limited to, the regulations set forth in Monroe County
Comprehensive Plan Policies 101.3.1 through 101.3.5, and Monroe
County Ordinance No. 032-2001.
C. Paragraph 5 is amended to now read:
Conch Contrada agrees to submit an application for Amended
Conditional Use Order that reflects the intended change in use,
should Conch Contrada decide to develop the subject property with
an alternative use(s)~ Upon approval of the Amended Conditional
Use Order by the Planning Director, and in accordance with the
development orders referred to in Paragraph 2 of the Original
Settlement Agreement, Monroe County agrees to process promptly
upon submittal the application for building permit by Conch
Contrada or its assigns for construction of one 7,500 square foot
restaurant, or as an alternative, a 7,500 square foot medium-
intensity, mixed use, retail and/or office/professional use facility in
RaGa Year 12 or 13 (July 14,2003 - July 13,2005).
2. The parties further agreed that no provision in this agreement shall exempt
Plaintiff Conch Contra LC from any requirements imposed by statute
and/or ordinance to connect to a central sewage system when one becomes
"available" as that term is defined by statute and/or ordinance.
3. Plaintiff Conch Contrada, in cooperation with Monroe County, will
prepare and submit to the Court pleadings or notice required to address the
Amended Settlement Agreement. Conch Contrada shall pay any costs
incurred as a result of filing this Amended Settlement Agreement and any
associated pleadings or notices with the exception that each party shall
bear its own attorney's fees.
4. All parties acknowledge that the original agreement was entered into for
the purpose of settling pending litigation and that this Amended
Settlement Agreement does not constitute an admission or evidence that
any actions of Monroe County or its employees that Plaintiffs Complain of
were unlawful, unconstitutional or deprived Plaintiffs or any others of any
rights or property.
5. All other terms of the Settlement Agreement dated July 17,2002,
especially as it pertains to Conch Contrada, L.C., shall remain in full force
and effect.
6. This Amended Agreement shall not be valid and binding upon the parties
until approved by the Court and incorporated into an Amended Final
Judgment entered by the Court in these proceedings.
7. Until this Amended Settlement Agreement has been approved by the Court
pursuant to the preceding paragraph, the Original Settlement Agreement
and Judgment previously entered, and any subsequent approved
amendments or modifications shall remain in full force and effect.
ATTEST:
DANNY L. KOLHAGE
CLERK:
BOARD OF COUNTY COMMISSIONERS
of MONROE COUNTY
By:
DeputyClerk
By:
Dixie Spehar, Mayor
Dated:
MONROE COUNTY BLDG. OFFICIAL
By:
Joseph Paskalik
CONCH CONTRADA, LC
By:
Witness
date
Printed name of witness
BY
DATE
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A l
\" ATTORNEY'S 0 ICE
)-/1-03